Cohen v Zanzoul trading as Uniq Building Group (No 3) [2020] NSWSC 1156

Supreme Court New South Wales

Medium Neutral Citation: Cohen v Zanzoul trading as Uniq Building Group (No 3) [2020] NSWSC 1156 Hearing dates: On the papers; submissions received 14 and 19 August 2020 Date of orders: 28 August 2020 Decision date: 28 August 2020 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Judgments and orders for interest and costs to be made to the effect set out at [35] Catchwords: JUDGMENTS AND ORDERS – form of orders to give effect to primary judgment JUDGMENTS AND ORDERS – interest on judgments JUDGMENTS AND ORDERS – costs Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333; [1975] 3 WLR 586 Cohen v Zanzoul [2020] NSWSC 592 Cohen v Zanzoul (No 2) [2020] NSWSC 838 Category: Costs Parties: Paul Cohen (First Plaintiff/Cross-Defendant) Phylicia Cohen (Second Plaintiff/Cross-Defendant) Danny Zanzoul t/as Uniq Building Group (Defendant/Cross-Claimant) Representation: Counsel: Mr T T Bors (Plaintiffs/Cross-Defendants) Mr J Young (Defendant/Cross-Claimant)

Solicitors: Colin Biggers & Paisley (Plaintiffs/Cross-Defendants) Gavel & Page (Defendant/Cross-Claimant) File Number(s): 2017/393016

Judgment 1. I have given two judgments in this matter. [1] 2. These reasons assume familiarity with those judgments. I shall use the same abbreviations. 3. On 6 August 2020 I was informed that it was agreed between the parties that the total amount payable on: 1. Mr and Mrs Cohen's claim is $342,457.78 (subject to the question of cleaning costs which I refer below); and 2. Mr Zanzoul's cross claim is $142,668.16. 1. The following issues remain for determination: 1. whether Mr and Mrs Cohen are entitled to payment for cleaning costs of $20,457.52; 2. the parties' entitlements to interest; 3. whether the parties' claims should be set off; and 4. costs. 1. It was agreed that I should deal with these matters on the papers.